Discussion:Filing status for widow
From TaxAlmanac
Discussion Forum Index --> Tax Questions --> Filing status for widow
Sing4him75 (talk|edits) said: | 26 February 2006 |
| Hi guys. I feel like I am 99% sure on this one but...
My client became a widow in Oct of 2004. She filed married filing joint in 04. She is 82 yrs old and no children. Is she single as far as filing for her taxes? She owes 1,024 as single but only a few hundred if I could use qualifying widow. But I don't guess I can because no children. I guess before I share the bad news with her I just wanted a few people to confirm that her filing status is indeed single. Thanks, Ron (sing4him75) | |
| 26 February 2006 | |
| She is single for 2005. No children= no qualifying widow. Do not forget to step up the basis on assets sold previously owned by deceased spouse. | |
Thebronxtaxman (talk|edits) said: | 27 February 2006 |
| She single in 2005 (unless she remarried) | |
| 10 March 2006 | |
| CAN SPOUSE FILE AS SINGLE FOR 2005 IF HUSBAND DIED IN 2005. EXECUTOR FOR HUSBAND IS FILING RETURN AND WILL NOT FILE JOINTLY. | |
| 10 March 2006 | |
| Make sure you are talking about 1040 and not 1041. Decedant's tax year ends with death. | |
| 10 March 2006 | |
| IF I CAN FILE SINGLE, TAXPAYER WILL OWE NO TAX. IF MFS SHE WILL OWE DUE TO 85% OF SOC SEC BEING TAXABLE
CAN SHE FILE SINGLE HUSBAND DIED IN JUNE 2005 | |
| 10 March 2006 | |
| Husband's income until death and wife's income for whole year on joint return. Wife signs return as surviving spouse. Executor responsible only for income on probate assets. | |
| 10 March 2006 | |
| EXECUTOR REFUSES TO FILE JOINT RETURN.
IN 30 YEARS OF TAX PREP-THIS IS FIRST TIME EXECUTOR IS NOT PROVIDING ANY OF DECEASED INFO I HOPE TO FILE AS SINGLE-SINCE MY CLIENT WAS NOT MARRIED ON 12/31/05 BUT WAS MARRIED UNTIL JUNE AT DEATH OF HUSBAND | |
| 11 March 2006 | |
| I WOULD LIKE TO KNOW IF WIDOW IS ABLE TO FILE AS SINGLE FOR 2005 IF HUSBAND DIED IN JUNE OF 2005. | |
| March 13, 2006 | |
| No client can not file single. The year of death its either MFJ or MFS. If executor does not want to follow tax preparer advice, I suggest you drop the client.
Review pub 559 | |
| 13 March 2006 | |
| The executor is responsible for all of the decedents final affairs including filing the final 1040. If the executor is filing MFS on the decedent's final 1040 then the surviving spouse must do the same. It is unusual for the executor to file MFS on decedents tax return but I've seen it before. | |
| 13 March 2006 | |
| I HAVE REVIEWED PUB 559. IN THIS CASE THE DECEASED REP WILL NOT FILE A JOINT RETURN OR GIVE DECEASED INFO. MY UNDERSTANDING IS A JOINT RETURN IS NOT REQUIRED BUT DECEASED MUST FILE MFS. I WOULD LIKE MY CLIENT TO FILE AS SINGLE SINCE SHE WAS SINGLE ON 12/31/05.
PUB 559 AND INSTRUCTIONS SAY SURVIVOR "MAY" FILE MFJ. MY CLIENT CAN NOT SINCE SHE HAS NO INFO. REP IS STEP-DAUGHTER AND WILL NOT BE FLEXIBLE. HAS ANY ONE HAD THIS HAPPEN? | |
Chautauqua (talk|edits) said: | 13 March 2006 |
| Fire the client. | |
| 13 March 2006 | |
| It is the executor's decision. You have no choice. No different than if one spouse decides to file MFS. The other has to. Apparently it is felt your client has no right to tax refund, which is probably estate asset. | |
| 13 March 2006 | |
| TO DENNIS:
USUALLY STATUS ON 12/31 DETERMINES FILING STATUS. I CAN UNDERSTAND DECEASED HAVING TO USE D.O.D., BUT MY CLIENT WAS NOT MARRIED ON 12/31. YOU ARE CORRECT WHEN YOU STATE EXECUTRIX DOES NOT WANT MY CLIENT TO HAVE ANY RIGHTS. I CAN NOT FIND ANY WRITTEN DISCUSSION PERTAINING TO SURVIVING SPOUSE EXCEPT THEY " MAY FILE JOINTLY". | |
| 13 March 2006 | |
| INSTRUCTIONS SAY SINGLE IF WIDOW BEFORE 1/1/05-THUS ASSUME MFS
THANKS | |
| 26 March 2006 | |
| can someone verify that a surviving spouse file joint federal and state (PA) return for 2005 if husband died in 2006. Also how should it be disclosed on the forms. | |
| 26 March 2006 | |
| just show date of death (usually on top of form) and have client sign return as surviving spouse. | |
Donna Foley (talk|edits) said: | 28 February 2007 |
| I have a client with a deceased family memeber. They want me to do the family member's last tax return but insist on single filing status. However, they say the family member was married, but both he and his wife have always filed as single. From this conversation, it sounds like I have to tell them sorry - cannot do the return. | |
Donna Foley (talk|edits) said: | 2 March 2007 |
| I have a client with a deceased family member. They want me to do the family member's last tax return but insist on single filing status. They say the family member was married but always filed as "single" and they do not have the spouse's social security number. From this conversation, it sounds like I have to tell them sorry - cannot do the return. Is there any other alternative? I cannot do MFS because I do not have the social. Since the family member lived on social security, there is not significant tax impact due to filing status. | |
| March 2, 2007 | |
| Red flags wave. Why? What's the point of the deception? The living one may have only had SS income, but that could well come into play on the deceased's joint return with other income. I'd tell them I'm willing to do MFS, but must have the SS#, or I have to walk. | |
| 2 March 2007 | |
| I see no problem with filing MFS without the SSN. However, if the decedent lived with the surviving spouse at any time during the year, 85% of the total Social Security recieved is included in gross income. | |
| 2 March 2007 | |
| Well you know, you can get the SS# for a deceased person after a few months of death date. Just need to know their name. | |
Donna Foley (talk|edits) said: | 2 March 2007 |
| Thanks
That's what I concluded but wanted to make sure I was not being overly cautious. | |
| 2 March 2007 | |
| I was under the impression that the missing SSN was for the surviving spouse, in which case the number would not be available through normal channels. | |
| 2 March 2007 | |
| EFP16,
I just did three of those returns. The husband died in Jan 2005, and the wife filed as surviving spouse for 2003, 2004, 2005. (all filed way late) She is single in 2006. | |
Donna Foley (talk|edits) said: | 2 March 2007 |
| Yes, the missing SSN is for the surviving spouse | |
Donna Foley (talk|edits) said: | 2 March 2007 |
| If the client does the return as MFS with blank for unknown ssn, what happens? automatic notice saying to fill in the blank? | |
Donna Foley (talk|edits) said: | 4 March 2007 |
| One more time
Does anyone know what happens when you submit MFS return with no SSN for the spouse? The taxpayer is deceased now, and family members do not have the spouses's SSN. | |
| 4 March 2007 | |
| As long as you avoid efiling, I see no problem with this. I have done this on numerous occasions without a problem. | |
| 9 February 2008 | |
| All in the session,
I have a related question with a little different scenario. I have a spouse filing a joint return with her taxpayer for 2007, but he is deceased in 2008, dying during this week. Can the spouse sign the 1040 filed for 2007 tax year for the deceased taxpayer? | |
Death&Taxes (talk|edits) said: | 9 February 2008 |
| Yes. She signs once on the line for the spouse and on his line, she writes, filing as surviving spouse. | |
| 9 February 2008 | |
| If the surviving spouse wants to file MFJ for year of death and the Executor refuses I suggest that the surviving spouse pay a visit to the Probate Court judge. Unless the Executor has a good reason for wanting to file MFS for the decedent I think the Judge might order the Executor to cooperate. | |
